Terms and conditions - Music Granar

Regulations of the Music Granar Online Music Library (https://musicgranar.com/)
For the purpose of these Regulations, the following definitions are adopted:

Music Granar Library – (Music Granar) available at https://musicgranar.com/, an online repository of musical works that can be searched by metadata, available for low-quality streaming and commercial high-quality downloads.
User – any person utilizing the Music Granar Library;
Recordings – audio recordings of musical works available in the Music Granar Library.

§ 1. General Provisions

These regulations set forth the terms of use of the Music Granar Library by its Users.
The administrator of the Music Granar Library is Janusz Stokłosa - Stokłosa Editions, located at 05-806 Pęcice Małe, Kamień Polny 12, NIP 526 005 49 52, who holds the exclusive proprietary copyright to the Music Granar Library.
The Music Granar Library is intended for adults, legal entities, and organizational units without legal personality who use the Recordings for commercial, professional, or statutory purposes.
Music Granar is not designed for consumers as defined in Article 221 of the Civil Code.
Users of the Music Granar Library may browse the available Recordings for free and place orders for licenses to use them.
Each User may browse and listen to Recordings in the Music Granar Library without registration. Recordings intended for listening do not have parameters that would allow synchronization or commercial use in other works.
Registered Users receive a free trial license to use the Recordings, allowing them to download and use them solely for review purposes, without the right to distribute them.
To obtain a license for the distribution of Recordings, a User must place an order through the Music Granar Library and enter into a relevant license agreement.

§ 2. Recordings

The current offer of Recordings available in the Music Granar repertoire is regularly updated and presented in the Music Granar Library.
Music Granar guarantees that it holds proprietary copyright to distribute, use, and manage the Recordings to the extent necessary to conclude a non-exclusive license agreement and perform actions related to the exploitation of the Recordings as defined in these regulations.
In particular, Music Granar has the right to use and manage:
a. the proprietary copyrights to the musical works contained in the Recordings;
b. neighboring rights to artistic performances contained in the Recordings;
c. neighboring rights of the phonogram producer related to the Recordings.
Music Granar states that the Recordings are free from legal defects and that licensing them according to these regulations does not infringe upon third-party rights.

§ 3. Registration with Music Granar

To register in the Music Granar Library, the User must complete a registration form by providing:
a. email address
b. first name
c. last name
d. position
e. country of residence
f. phone number
In the form, the User must also set a password for logging into Music Granar.
To complete the registration in Music Granar, the User must confirm the activation link sent to the provided email address. Registration does not grant a trial license. Registration confirms the User's acceptance of the regulations.
Within 48 hours of completing the form, Music Granar verifies the registered User's compliance with the usage conditions specified in § 1.
After verification, Music Granar notifies the User by email at the address provided in the registration form.
Positive verification grants a trial license, allowing full use of the Music Granar Library.

§ 4. Trial License to Use Recordings

Upon receiving confirmation of registration from Music Granar, the User is granted a non-exclusive trial license to use the Recordings available in Music Granar for review purposes only, including:
a. downloading Recordings from Music Granar and saving them on a computer;
b. synchronizing Recordings with audio and audiovisual works;
c. creating adaptations of Recordings for these works.
The trial license also includes the right to present Recordings (also after adaptation or synchronization) to the User’s clients or potential clients, strictly to the extent necessary to evaluate the feasibility of purchasing a full license.
Presentations mentioned in point 2 may only occur in the form of:
a. playback during closed business meetings;
b. internet broadcasts limited solely to the User’s organization and its client or potential client.
The trial license to use Recordings is granted on the condition that the User will not distribute Recordings, except as expressly provided in these Regulations. This restriction applies to both the Recordings and their adaptations, as well as any audio and audiovisual works containing Recordings, regardless of the distribution method, whether for payment, reach, or audience group. If the User violates this restriction, the granted trial license is automatically revoked.
The User is not entitled to transfer the trial license to third parties or to grant further licenses (sublicenses) to use the Recordings.
Any violation of the rules for using the Recordings outlined above constitutes an infringement of Music Granar’s rights and may result in civil and criminal liability.
The User is liable for any damages incurred by Music Granar due to violations of these regulations.
The non-exclusive trial license includes:
a. proprietary copyrights to the musical works contained in the Recordings;
b. rights to artistic performances contained in the Recordings;
c. neighboring rights of the phonogram producer to the Recordings.

§ 5. Licenses

Music Granar grants a non-exclusive license for the synchronization of Recordings and public playback in audiovisual and multimedia works, excluding the scope of representation and copyright management performed by the collective copyright management organization ZAiKS for television and radio broadcasting, public sharing on the internet, public performances, recording and reproduction on mechanical media, rental, and leasing of media.
Granting a license to use the Recordings requires the User to place an order via email at info@musicgranar.com and to conclude a license agreement between Music Granar and the User.
When placing an order, the User must provide the following details:
a. title and author of the Recording;
b. project description in which the User intends to use the Recording (e.g., feature film, advertisement, radio program, etc.);
c. exploitation fields of the project containing the Recording (e.g., television, radio, internet);
d. territory where the project containing the Recording will be exploited;
e. exploitation period of the project containing the Recording;
f. quantity of media of the project containing the Recording;
g. duration of the Recording fragment intended for use – in the case of feature films, documentaries, and corporate films;
h. details necessary for issuing a VAT invoice.
Within 7 working days from placing the order, Music Granar will send the User a proposal of the license terms, including a quote for the license fee for the Recording, to the email address provided during registration.
Music Granar reserves the right to request additional clarifications regarding the content of the order. In this case, the order’s valuation period will commence only after providing the requested clarifications.
The license terms proposed by Music Granar are binding for one month. If the User does not accept the proposal within this period, it becomes void, and the order is canceled. The same applies if it is not possible to deliver the license terms to the User due to reasons attributable to the User (including providing incorrect or outdated contact details).
If the User accepts the license agreement terms proposed by Music Granar, they should notify Music Granar via email. Payment of the license fee suggested by Music Granar, in the absence of a contrary statement from the User, will also be deemed acceptance of the license agreement proposal.
The license agreement is concluded when the User accepts the license agreement proposal as specified above. The license to use the Recordings, however, is effective only from the date of payment of the license fee to Music Granar. Prior use of the Recordings within the scope covered by the license (including their distribution) constitutes an infringement of Music Granar’s rights and may result in civil and criminal liability.
Immediately after concluding the license agreement, Music Granar will issue a VAT invoice for the license fee and send it to the User.
By placing an order, the User agrees to Music Granar issuing and sending VAT invoices electronically. VAT invoices will be issued and sent in PDF format in a manner ensuring authenticity and integrity, specifically preventing changes to the invoice content, to the email address provided by the User upon registration. If legislation mandating the use of the National e-Invoicing System comes into effect, VAT invoices will be issued and made available in compliance with such legislation.
Within one month of concluding the license agreement, the User may request a written confirmation of the agreement’s terms. In such cases, Music Granar will send a signed copy of the license agreement to the address provided by the User.

§ 6 Use of Music Granar

Users are prohibited from using Music Granar in a manner that:
a. disrupts its proper functioning;
b. is burdensome or threatens the security of other Users;
c. involves automated downloading of Recordings available on Music Granar;
d. circumvents or breaches security measures applied by Music Granar to protect Recordings or other elements of Music Granar;
e. violates laws, good practices, or principles of social coexistence.
If the User violates the rules specified in these Regulations, Music Granar reserves the right to block their access to Music Granar without prior notice. If a violation is suspected, Music Granar may temporarily suspend the User's access to Music Granar until the matter is clarified. Music Granar will inform the User of any actions taken via email sent to the address provided during registration.
The User agrees to keep their Music Granar password confidential and not to disclose it to third parties.

§ 7 Technical Requirements

To properly use Music Granar, the User must have access to a personal computer or mobile device with Internet access and a browser installed, such as Firefox version 131 or newer, Chrome version 129 or newer, Safari version 18 or newer.
Registration with Music Granar requires an active email account.
While using Music Granar, cookies may be stored on the User’s device, which collect information related to its operation. Cookies enable, in particular, the identification of the User’s computer for login purposes on Music Granar.

§ 8 Termination of Use of Music Granar

The User has the right to cease using Music Granar at any time by sending a relevant statement electronically to Music Granar.
If the User does not log into their account for 365 consecutive calendar days, Music Granar reserves the right to delete their account on Music Granar.
Upon the User's discontinuation of use or deregistration for other reasons, Music Granar is obligated to delete from the system all data related to that User.

§ 9 Complaints

Any complaints regarding the operation of Music Granar should be submitted to Music Granar via email at info@musicgranar.com.
The time frame for Music Granar to process complaints is 30 days. Music Granar reserves the right to extend this period due to the complexity of the complaint or the need for additional explanatory actions.
Complaints may not pertain to differences resulting from the User's individual computer settings.

§ 10 Final Provisions

Music Granar reserves the right to terminate its operations at any time without providing a reason. In such cases, all previously concluded license agreements remain valid.
Music Granar reserves the right to temporarily, partially, or fully suspend the operation of Music Granar for maintenance or improvements.
Any disputes regarding the operation of Music Granar or the use of Recordings will be resolved through mutual agreement. If an agreement cannot be reached, such disputes will be resolved by a competent court for the location of Music Granar.
For matters not regulated in these Regulations, Polish law applies, including the Civil Code and the Copyright Act. The principles of processing Users’ personal data are defined by the Music Granar Privacy Policy and the General Data Protection Regulation (EU) 2016/679 (GDPR).
Music Granar reserves the right to amend these Regulations without providing a reason and without prior notice. However, such amendments do not affect the terms of previously granted licenses. The current version of the Regulations will be continuously available on the Music Granar Library website.